what kind of attorney do use to sue someone for stealing from you

What kind of lawyer do I need to sue someone?

Nov 09, 2021 · Committing identity theft can lead to significant incarceration. Aggravated identity theft is punishable by a mandatory minimum sentence of 2 years, which can increase based on the severity of the crimes. In rare cases, first-time offenders that didn't inflict major harm can avoid jail time for identity theft.

Can I sue someone for stealing my property?

Apr 27, 2011 · If you have evidence that a particular person stole your property, you can file a case in civil court in the county where the theft occurred. Ask the court for an order requiring the person to return the articles to you in good condition or else pay you the value of the articles stolen. Note that this is not a criminal matter.

Do I need a patent attorney to sue someone?

Apr 24, 2012 · Now you need to "execute" (collect) your judgment. There are several choices: if he owns real estate, record an abstract of the judgment in the county where he owns property. You get paid when he sells or refinances. You can levy his bank accounts. You can garnish his wages. You can levy his personal property.

What is a lawyer called?

Your lawyer must be licensed to practice law in the state where you are going to sue someone. Patent attorneys are the only exception to state licensing, because patent law is administered, not by any state, but by the United States Patent and Trademark Office. To sue someone, you should find a lawyer who has a specialty in the required area. Lawyers specialize in areas of interest …

Can you sue someone for stealing something from you?

If you have solid evidence that someone stole your possessions, you can sue them to get your property back or recoup its monetary value. Filing suit in small claims court is the quickest and easiest way if the value of your property comes within the court's monetary limits.Dec 12, 2018

What can you do if someone steals money from you?

What to do when money is stolen from your bank accountContact your bank or card provider to alert them. ... If you've been targeted, even if you're not a victim of it, you can report it to Action Fraud. ... You can also report financial scams, such as investment fraud, on the Financial Conduct Authority (FCA) website.

What are the easiest things to sue for?

The law must support your contention that you were harmed by the illegal actions of another.Bad Debt. A type of contract case. ... Breach of Contract. ... Breach of Warranty. ... Failure to Return a Security Deposit. ... Libel or Slander (Defamation). ... Nuisance. ... Personal Injury. ... Product Liability.More items...

How do you prove theft?

What elements need to be proved to establish theft in law?Appropriation;Of property;Belonging to another;Dishonestly;With intention to permanently deprive.

What happens if I get scammed?

If you've been scammed, consider reporting the fraud to the police to see if they can take any action, as well as to your state consumer protection office. You can also report scams to the FTC. File a report online with the FTC, or by phone at (877) 382-4357.Aug 3, 2021

Can I sue for emotional distress?

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

How do you stop someone from suing you?

Ten common sense ways to avoid being suedMaintain good communications. ... Avoid giving false expectations. ... Make the client make the hard decisions. ... Document your advice and the client's decisions. ... Don't initiate hostilities against the client. ... Avoid, or handle with care, the borderline personality client.More items...

Do you need a lawyer to sue someone?

You can sue without a lawyer, but in most cases, and depending on the type of case, it may be more work than you anticipated. In some states, you cannot hire a lawyer to represent you in small claims court. However, in most other situations, you can and should be represented by a lawyer.May 22, 2018

Matthew T. Bracy

You cannot garnish wages in Texas, as some of my non-Texas colleagues have suggested. However, they are absolutely correct that you must take action on your judgment. A judgment is a right to collect, but does not collect itself (and the courts don't collect for you). You should contact a collections attorney for advice on how to proceed...

Pamela Koslyn

You already sued him and won a judgment. Now you need to "execute" (collect) your judgment. There are several choices: if he owns real estate, record an abstract of the judgment in the county where he owns property. You get paid when he sells or refinances. You can levy his bank accounts. You can garnish his wages.

James P. Frederick

You need to enforce your small claims judgment. You should check with the court to determine how to execute on the judgment. I do not know why you have waited this long, but the delay has not helped you. If you cannot get help from the court, then I would meet with a collection lawyer to determine what your options are.

What to do before you sue someone?

Before you sue someone, ask a lawyer if you have a legal basis for a lawsuit. You know you have been injured, but you might have no legal basis to sue, or you may lack proof. In the eyes of the law, hurt feelings, insults and bad blood are usually not enough to sue someone.

How much can you sue for in small claims?

In some states, the limit you can sue for in Small Claims is $5,000 or $10,000. You can sue in Small Claims for the return of a rent deposit, unpaid bills, or a broken contract. Many people regularly sue someone and argue their own case in Small Claims Court without a lawyer.

What happens if you can't afford a lawyer?

The lawyer will not bill you, but will take a percentage of the money awarded if you win the case. Your lawyer's fee might be 30% or more of the award when you sue someone.

Can you sue someone for slander?

And you can't sue someone for slander, unless you can prove the slander is actually a lie. You must show that your loss is actionable. A good lawyer will help you weigh the merits of your case before you sue someone. Sometimes to sue someone is not the best answer for your problem.

Discover how a patent law attorney can help with patent fraud and infringement

If someone has stolen your idea, you’re likely thinking about hiring a patent law attorney to get back what’s yours. How an attorney can go about helping you largely depends on the type of theft involved.

Patent Infringement

If someone is making, using, selling (or offering to sell) your patented invention, without your permission, then you’re dealing with patent infringement. This also applies to “knock off” products produced overseas and then imported to the United States.

Patent Theft

Perhaps you had a unique idea, but then someone you worked closely with took it and beat you to filing it. If this is the case, you have a couple of options:

My sibling is stealing from the estate or family trust, can I get my share of the assets back?

The short answer is “yes, you can expect to get your assets back.” At RMO, we have typically been able to recover stolen assets in six to twelve months, but sometimes sooner, in as little as 30 days.

What do I do when my sibling steals my inheritance?

It’s natural to get angry, frustrated, and sad when a brother or sister breaches your trust.

What is the penalty for my sibling stealing from the estate? Will they go to jail?

Generally, the theft of estate assets by a sibling is treated as a civil matter. That means: No jail time is involved. As a victim, you do have the option to make a criminal complaint and ask the district attorney to prosecute your sibling, either when you suspect theft, or have proven they stole your assets or inheritance from the estate.

How should you feel when a sibling steals your inheritance?

It’s natural to feel angry, disappointed, scared, and hurt. Any number of feelings. Just remember, regardless of what your brother or sister did, you have the ability to control the response.

How can I get over my sibling stealing my inheritance?

It takes time to get past the emotions of a sibling stealing your inheritance. At RMO, we often counsel clients on more than just the facts of their case.

When do I need a trust litigation attorney?

You should consider a trust litigation attorney the moment you suspect a brother or sister is stealing your inheritance or assets from the estate. Often a trust attorney can quickly begin communications with the suspected sibling and/or their attorney, and resolve the theft quickly.

Do I need a trust litigation attorney near me?

We recommend finding an experienced trust litigation attorney familiar with the county probate court in the county where the decedent lived. For example, if the decedent lived in Los Angeles, we recommend working with a trust litigation attorney in Los Angeles.

What is contract fraud?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include: 1 False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations. 2 Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely. 3 False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.

What is breach of contract?

A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.

Why are motivations more common than others?

This is because most contractual law involves the same assumed rights and responsibilities. The most common scenarios involve a contractor who: Fails to complete a job at all. Fails to complete a job by a deadline.

What is contracting contractor?

By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might ...

Do you need an attorney for a small claims case?

Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth.

What is a fundamental breach?

Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.

What can a lawyer advise on?

A lawyer can advise an individual what they may be entitled to in their state, as laws vary by state. Issues may include alimony and child support. Without a lawyer, an individual runs the risk of inadvertently waiving their rights to alimony, visitation with their children, or even custody of their children.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is criminal law?

Criminal law is the body of laws that pertain to crimes. Crimes are actions or behaviors prohibited by state or federal laws. Crimes are punishable by fines, probation, and/or imprisonment. Usually, crimes are categorized as misdemeanors or felonies.

Can a guilty plea affect immigration status?

Some guilty pleas, even to misdemeanor charges, can have long-term consequences. A guilty plea can also affect immigration status or lead to deportation of a non-citizen. It is important to remember that, in most cases, when an individual cannot afford a criminal lawyer, the court will appoint one to represent them.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

Do I need a lawyer for a prenup?

In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer. In some states, it is required, unless expressly waived, that an individual is represented before signing a prenuptial agreement. Many family law matters begin after a couple has been married.